Terms & Conditions

These terms and conditions apply to all services provided by Hiten Media Ltd (the ‘Company’).

1. Formation of Contract

A contract is formed between you (the ‘Customer’) and Hiten Media Ltd (the ‘Company’) upon acceptance of the Quote or Order. An Order may be in written, verbal, or electronic form. The Service shall mean any Product or Service provided by the Company to the Customer. These conditions do not affect your statutory rights.

2. Acceptance of Terms

By providing the Company with an Order, the Customer accepts these Terms and Conditions. Should the Company choose not to enforce any or all of these conditions, it should not be interpreted as a waiver of any of the Company’s rights.

3. Health and Safety

Both the Company and the Customer will act in accordance with all relevant Health and Safety requirements to provide the Service.

4. Delivery of Services

  • Project Brief: Upon acceptance of the quote, a Brief will be created at the outset of the project, forming the basis of the work to be carried out. Acceptance of the Product will be made at agreed stages. Changes to the Service shall only be permitted to the extent that they are consistent with the Brief.
  • Working Hours: ‘On location’ Crew are limited to a 10-hour call per day. Overtime may be charged at 1.5x for the following 4 hours, and 2x for any additional hours. Adequate breaks for the crew, in line with UK legislation, are expected.
  • Video Revisions: We offer 2 rounds of changes for each video as part of the service. Any change requests beyond this or outside the agreed edit time will be charged at £65 per hour, unless a different rate is agreed between the parties.
  • Delivery Format: A master copy of the video will be digitally delivered in Mp4 format unless otherwise agreed.
  • Archiving: The footage and project will be stored in archive for 3 months following the completion of the Project. Access to footage after this period cannot be guaranteed.

5. Scheduling and Cancellations

Shoot Dates: Dates for the production or shoot will be agreed in advance and confirmed with the Customer.

Cancellation Charges:

  • Within 7 days of the shoot date: £175
  • Within 48 hours of the shoot date: 50% of the shoot rate + production time spent
  • Within 24 hours of the shoot date: 100% of the daily shoot rate + production time spent

6. Customer Responsibilities

  • The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable the delivery of the Service.
  • The Customer must also ensure that permission is sought for the inclusion of any performers, performances, trademarks, and locations.
  • The Customer agrees to indemnify the Company in the event of any claims being brought against the Company in respect of any material supplied by the Customer.=

7. Copyright and Licenses

  • Customer Rights: Upon payment, the Customer will be given an exclusive license in perpetuity to the copyright in the product (the agreed master video).
  • Company Rights: The Company retains the right to use this material in its original and edited form for promotional purposes and non-commercial use.
  • Additional Material: Unless otherwise agreed, the Company retains copyright in all other original material, including video rushes, graphics, soundtracks, printed material, and any other design or artwork commissioned in relation to the service.
  • Music Licenses: Any music used is licensed for non-commercial, promotional uses only. If the video is used in advertising campaigns, additional licenses may be required. The Customer must inform the Company of any specific uses so that the Company can assist with obtaining the appropriate licenses.

8. Payment Terms

  • Payment Due: Payment is due 30 days after receipt of the invoice for work. Late payment terms will be stipulated on the invoice in line with UK legislation.
  • Expenses: Any reasonable expenses incurred when undertaking the service will be added to the quote unless otherwise agreed beforehand.
  • Talent Costs: No talent-related costs are included in the quote unless otherwise stated.

9. Liability

Whilst every care is taken in the delivery of the Product and work undertaken, the Company accepts no liability for any loss or damage that may arise from the supply of the Service.

9. Force Majeure

The Company shall not be liable for any failure to perform its obligations under this agreement if such failure results from circumstances beyond the Company’s reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, fire, flood, or other natural disasters. In such circumstances, the Company shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for more than 30 days, either party may terminate this agreement by giving 14 days’ written notice to the other party.

11. Confidentiality

Both the Company and the Customer agree to keep confidential and not to disclose to any third party any information concerning the business, affairs, customers, clients, or suppliers of the other party, except as required by law, any court of competent jurisdiction, or any regulatory or administrative authority. This clause shall survive termination of this agreement for a period of three years.

12. Data Protection

The Company will collect, store, and process personal data in accordance with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). The Company’s [Privacy Policy: https://h10.agency/privacy-policy] outlines how personal data will be handled. The Customer agrees to comply with all applicable data protection laws and regulations and to provide any necessary consents to the Company to process personal data as required to deliver the Service.

13. Dispute Resolution

In the event of any dispute arising out of or in connection with this agreement, the parties shall first attempt to resolve the dispute informally through good faith negotiations. If the dispute cannot be resolved within 30 days, either party may refer the dispute to mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. If the dispute is not resolved through mediation, it shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

14. Termination

Either party may terminate this agreement immediately by giving written notice to the other party if:

  • The other party commits a material breach of any term of this agreement and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so.
  • The other party takes any step or action in connection with its entering administration, provisional liquidation, or any composition or arrangement with its creditors.
  • The other party suspends, ceases, or threatens to suspend or cease to carry on all or a substantial part of its business.

Upon termination of this agreement for any reason:

  • The Customer shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest.
  • The accrued rights, remedies, obligations, and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.

15. Governing Law

These Terms and Conditions, and any accompanying letter and/or contract, are governed by the laws of the United Kingdom.